PLAN COMPENSATION Clause Samples

PLAN COMPENSATION. Plan Compensation is Total Compensation (as defined in AA §5-1 above) with the following exclusions:    (a) No exclusions. N/A   (b) Elective Deferrals (as defined in Section 1.47 of the Plan), pre-tax contributions to a cafeteria plan or a Code §457 plan, and qualified transportation fringes under Code §132(f)(4) are excluded.

PLAN COMPENSATION. Plan Compensation is Total Compensation (as defined in AA §5-1 above) with the following exclusions described below. 🗹 🞎 🗹 (a) No exclusions. N/A 🞎 🞎 (b) Elective Deferrals (as defined in Section 1.44 of the Plan), pre-tax contributions to a Code §125 cafeteria plan or a Code §457 plan, and qualified transportation fringes under Code §132(f)(4) are excluded. 🞎 🞎 🞎 (c) All fringe benefits (cash and noncash), reimbursements or other expense allowances, moving expenses, deferred compensation, and welfare benefits are excluded. 🞎 🞎 🞎 (d) Compensation above $ is excluded. 🞎 🞎 🞎 (e) Amounts received as a bonus are excluded. 🞎 🞎 🞎 (f) ▇▇▇▇▇▇▇ received as commissions are excluded. 🞎 🞎 🞎 (g) Overtime payments are excluded. 🞎 🞎 🞎 (h) Amounts received for services performed for a non-signatory Related Employer are excluded. (See Section 2.02(c) of the Plan.) 🞎 🞎 🞎 (i) “Deemed §125 compensation” as defined in Section 1.137(d) of the Plan. �� 🞎 🞎 (j) Amounts received after termination of employment are excluded. (See Section 1.137(b) of the Plan.) 🞎 🞎 🞎 (k) Differential Pay (as defined in Section 1.137(e) of the Plan). �� 🞎 🞎 (l) Describe adjustments to Plan Compensation: [Note: Any adjustments to Plan Compensation under this AA §5-3 must be definitely determinable.]

PLAN COMPENSATION. Plan Compensation shall be Compensation as selected in the Adoption Agreement. If selected in the Adoption Agreement, a Participant’s Plan Compensation shall, for the Plan Year that includes the Participant’s Entry Date, only include Compensation actually paid on and after the Participant’s Entry Date. Unless selected otherwise in the Adoption Agreement, Plan Compensation shall be Form W-2 Compensation for the full Plan Year.

PLAN COMPENSATION. Plan Compensation is Total Compensation, as modified under AA §5-3, which is actually paid to an Employee during the determination period (as defined in subsection (a) below). In determining Plan Compensation, the Employer may elect under AA §5-3 to exclude all Salary Deferrals, pre-tax contributions to a cafeteria plan or a Code §457 plan, and qualified transportation fringes under Code§132(f)(4). In addition, the Employer may elect under AA §5-3 to exclude other designated elements of compensation. Plan Compensation generally includes amounts an Employee earns with a Participating Employer and amounts earned with a Related Employer (even if the Related Employer has not executed a Participating Employer Adoption Page under the Adoption Agreement). However, the Employer may elect under AA §5-3(m) to exclude all amounts earned with a Related Employer that has not executed a Participating Employer Adoption Page.

PLAN COMPENSATION. Plan Compensation is Total Compensation (as defined in AA §5-1 above) with the following exclusions described below. □ □ □ (a) No exclusions. N/A □ □ (b) Elective Deferrals (as defined in Section 1.44 of the Plan), pre-tax contributions to a cafeteria plan or a Code §457 plan, and qualified transportation fringes under Code §132(f)(4) are excluded. □ □ □ (c) All fringe benefits, expense reimbursements, deferred compensation, and welfare benefits are excluded. □ □ □ (d) Compensation above $ is excluded. (See Section 1.90 of the Plan.) □ □ □ (e) Amounts received as a bonus are excluded. □ □ □ (f) Amounts received as commissions are excluded. □ □ □ (g) Overtime payments are excluded. □ □ □ (h) Amounts received for services performed for a non-signatory Related Employer are excluded. □ □ □ (i) “Deemed §125 compensation” as defined in Section 1.126 of the Plan. □ □ □ (j) Amounts received after termination of employment are excluded (see Section 1.126 of the Plan). □ □ □ (k) Describe adjustments to Plan Compensation: [Note: Any exclusions selected under subsections (e) – (k) (other than subsection (i)) may cause the definition of Plan Compensation to fail to satisfy a safe harbor definition of compensation under Code §414(s). To ensure that the definition of Plan Compensation satisfies Code §414(s) for purposes of determining allocations under the permitted disparity allocation formula under AA §6-3(b) and the Safe Harbor 401(k) provisions under AA §6C, any adjustments under (e) through (k) (other than subsection (i)) will only apply to Highly Compensated Employees for purposes of applying the permitted disparity and Safe

PLAN COMPENSATION. (Plan Section 2.09

PLAN COMPENSATION. (a) General Definition. A participant's plan compensation for a plan year means compensation as that term is defined in Section 13.1(b) of the Plan, as modified in the adoption agreement. Solely for purposes of determining the amount of a participant's 401(k) savings contributions, after-tax savings contributions and their related matching contributions, plan compensation shall include employer contributions made pursuant to a salary reduction agreement or other arrangement which are not includible in the gross income of the participant under Code Sections 125, 402(e)(3), 402(h)(1)(B) or 403(b). Compensation shall include only that compensation which is actually paid to the participant during the determination period. Except as provided elsewhere in the Plan, the determination period shall be the period elected by the Employer in the Adoption Agreement. If the Employer makes no election, the determination period shall be the Plan Year. For a self-employed individual, plan compensation means his earned income. Except as otherwise provided in this section, if elected by the Employer in the Adoption Agreement, Compensation shall include any amount which is contributed by the Employer pursuant to a salary reduction agreement or other arrangement and which is not includible in the gross income of the Employee under sections 125, 402(e)(3), 402(h)(1)(B), or 403(b) of the Code. For purposes of this subsection, earned income means net earnings from self employment in the trade or business with respect to which the plan is established, for which the personal services of the individual are a material income producing factor. Net earnings will be determined without regard to items excluded from gross income and the deductions allocable to such items. Net earnings are reduced by contributions by the employer to a qualified plan to the extent deductible under Code Section 404. Net earnings shall be determined with regard to the deduction allowed to the taxpayer by Code Section 164(f) for taxable years beginning after December 31, 1989. For years beginning on or after January 1, 1989, and before January 1, 1994, the annual compensation of each participant taken into account for determining all benefits provided under the plan for any year shall not exceed $200,000. This limitation shall be adjusted by the Secretary at the same time and in the same manner as under section 415(d) of the Code, except that the dollar increase in effect on January 1 of any calendar year is e...

PLAN COMPENSATION. [NOTE: Plan Compensation will be used for nondiscrimination testing unless the Plan Administrator expressly directs that a different definition of compensation be used for such testing for a particular Plan Year. Testing compensation may be used to determine an Employer Qualified Profit Sharing Contribution if so elected in K.5. notwithstanding the elections in this Item E.] 1. Plan Compensation means … [check one]: a. o earnings required to be reported in the Wages, Tips and Other Compensation box of Form W-2. b. ý earnings for purposes of Code § 415(c)(3). c. o earnings for purposes of federal income tax withholding.

PLAN COMPENSATION. Plan Compensation is Total Compensation (as defined in AA §5-1 above) with the following exclusions described below.    (a) No exclusions. N/A   (b) Elective Deferrals (as defined in Section 1.44 of the Plan), pre-tax contributions to a Code §125 cafeteria plan or a Code §457 plan, and qualified transportation fringes under Code §132(f)(4) are excluded. (c) All fringe benefits (cash and noncash), reimbursements or other expense allowances, moving expenses, deferred compensation, and welfare benefits are excluded.    (d) Compensation above $ is excluded.    (e) Amounts received as a bonus are excluded.    (f) Amounts received as commissions are excluded.    (g) Overtime payments are excluded.